RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20060014816 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. G.E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Ms. Jeanette B. McPherson

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show that he had four complete years of active service in the Army.

2.  The applicant states that he was told, at the time he was being released from active duty, that five days would be removed from his enlistment contract.  Because of this he is now not being credited with a full year of service for 1990 by the Air Force Reserve (USAFR), which is affecting his retirement "good years."

3.  The applicant provides copies of his 13 June 1990 DD Form 214 (Certificate of Release or Discharge From Active Duty) and a 13 June 2006 Service History printout. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 June 1990, the date of his release from active duty in the Army.  The application submitted in this case is dated 4 October 2006.

2.  The records show the applicant enlisted in the Army under the Delayed Entry Program (DEP) on 11 July 1985. 

3.  He entered onto active duty on 18 June 1986.  The enlistment contract shows an eight year enlistment with a four year active duty obligation.  

4.  The applicant was released from active duty on 13 June 1990.  Item 8 shows he was transferred to Company B, 4th Battalion, 58th Aviation Battalion "EUSA-P8", an Army Reserve (USAR) unit.  The reason for separation is listed as expiration of term of service.  The record contains no indication as to why the applicant was released four days prior to the completion of the full four-year period of obligated active duty.

5.  The 13 June 1990 DD Form 214 lists his net Army active service as 3 years, 11 months, and 26 days with no inactive service.  The entry for Reserve Obligation Termination Date is not legible on any available copies of the DD Form 214.  

6.  The applicant enlisted in the Pennsylvania Army National Guard for 3 years with an effective date of 14 June 1990.  

7.  A 16 April 1993 NGB Form 22 (Report of Separation and Record of Service) shows the applicant served 2 years, 10 months, and 3 days in the Army National Guard.  The reason for separation is listed as "Enlisted in PA Air National Guard". 

8.  He served in the Air National Guard until transferring to the Air Force Reserve (USAFR).

9.  A 23 September 2006 (Air Force) Service History printout indicates that, as of 13 June 2006, the applicant was granted 14 membership points during his DEP period of almost a full year; served on active duty for 3 years, 11 months, and 26 days; has 16 creditable years of Reserve or National Guard service for a total of 19 years, 11 months, and 26 days of creditable service toward retirement.  The Air Force form does not contain entries indicating which branch or component the service member served. 

10.  Army Regulation 635-5 (Separation Documents) states that entry for Net Active Service This Period is computed by subtracting the date of separation from the date the Soldier entered active duty.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, is extended for make up of lost time, or retained on active duty for the convenience of the Government. 

11.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) sets forth the criteria for establishing a retirement year (RY) upon release from active duty in a regular component as the date of transfer to the Reserve Component.  It gives the example: "If Soldier initially enlisted in Regular Army (RA) on 1 April 1970 and was transferred to an active Reserve Component on 31 July 1973, Soldier's RY would be 31 July – 30 July."

DISCUSSION AND CONCLUSIONS:

1.  There is no error in the recording of the applicant's period of active duty in the Army.

2.  While there is no documentation as to why the applicant was released four days early, the records clearly shows he was separated on 13 June 1990 having served on active duty for only 3 years, 11 months, and 26 days.  He enlisted in the ARNG effective the day following his separation from active duty and has had continuous Reserve or National Guard service since that date.

3.  In order to afford the applicant his request, such a correction would require changing not only the Army records but also the National Guard and the Air Force Reserve records and would necessitate recomputing his entire period of service.  This Board does not have the authority to make changes to either the Air Force Reserve or the Air National Guard records.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 June 1990; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 June 1993.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JEA___  __JLP __  __JBM __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations 
prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




____James E. Anderholm_
          CHAIRPERSON


INDEX

CASE ID
AR20060014816
SUFFIX

RECON

DATE BOARDED
20070626
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION

REVIEW AUTHORITY

ISSUES         1.
100
2.
110
3.

4.

5.

6.